NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2954-17T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. RICHARD W. ISAACS, a/k/a RICHARD ISAAC, and RICHARD ISASC, Defendant-Appellant. ____________________________ Submitted September 10, 2019 – Decided September 24, 2019 Before Judges Ostrer and Vernoia. On appeal from the Superior Court of New Jersey, Law Division, Morris County, Indictment No. 16-02-0171. Joseph E. Krakora, Public Defender, attorney for appellant (Amira Rahman Scurato, Designated Counsel, on the brief). Fredric M. Knapp, Morris County Prosecutor, attorney for respondent (Paula Cristina Jordao, Assistant Prosecutor, on the brief). PER CURIAM Defendant Richard W. Isaacs appeals from an order denying his motion to withdraw his guilty plea to two counts of third-degree burglary and one count of conspiracy to commit burglary. Because the record supports the motion court's conclusion that defendant failed to establish an entitlement to withdraw his guilty plea under the standard established in State v. Slater, 198 N.J. 145 (2009), we affirm. I. Defendant and a codefendant were charged in a multi-count indictment with burglary, conspiracy, and theft-related offenses. The indictment charged defendant with the following: two counts of second-degree use of a juvenile to commit a third-degree criminal offense, N.J.S.A. 2C:24-9(a) and (b); nine counts of third-degree burglary, N.J.S.A. 2C:18-2(a)(1); two counts of third- degree theft, N.J.S.A. 2C:20-3(a); two counts of third-degree receiving stolen property, N.J.S.A. 2C:20-7; one count of third-degree conspiracy to commit burglary, N.J.S.A. 2C:5-2(a) and N.J.S.A. 2C:18-2(a)(1); and one count of third- degree conspiracy to commit theft, N.J.S.A. 2C:5-2(a) and N.J.S.A. 2C:20-3(a). Defendant applied for admission into the pre-trial intervention (PTI) program. The probation department recommended defendant's acceptance into PTI. In a May 23, 2016 letter, the Morris County Prosecutor's Office rejected A-2954-17T1 2 defendant's application. The Prosecutor's Office noted defendant was charged with a second-degree offense 1 and that, "[p]ursuant to Guideline 3(i) of the Guidelines for Operation of Pretrial Intervention" under Rule 3:28, "'a person charged with a first or second[-]degree crime should ordinarily not be considered for enrollment in PTI except on a joint application of the defendant and the Prosecutor.'" The Prosecutor's Office found defendant failed to demonstrate compelling reasons sufficient to overcome the presumption against admission into PTI for individuals charged with second-degree offenses. The Prosecutor's Office further found the nature of the second-degree offense, the use of a juvenile to commit criminal offenses, militated against defendant's acceptance into PTI and that accepting defendant into PTI would "deprecate the seriousness of his crime." The Prosecutor's Office also concluded that defendant's statements showed he did not understand the seriousness of the offenses he committed and that he minimized the extent of his role in the commission of the offenses. Thus, the Prosecutor's Office reasoned, "it is unlikely that ...
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